Good news. The litigation trying to enforce the Emoluments Clause continues, and unless the Supreme Court continues its shameful political decisions trying to favor tRump, tRump likely will lose. Perhaps none of his unlawful conduct is more brazen (well, of course his ignoring subpoenas as an effort to obstruct is!) than tRump’s violations of the Emoluments Clause.
Excerpts from the Story:
A federal appeals court in New York on Friday revived a lawsuit alleging that President Trump is illegally profiting from his hotels and restaurants in New York and Washington in violation of the Constitution’s anti-corruption, or emoluments, clauses.
In a two-to-one decision, a panel of judges for the United States Court of Appeals for the Second Circuit found that a lower court had wrongly dismissed the lawsuit accusing Mr. Trump of violating the Constitution’s bans on accepting financial benefits from foreign or state governments. The appeals court judge sent the lawsuit back to the lower court, ordering it be allowed to proceed.
The decision comes nearly two years after the lower court judge dismissed the lawsuit. The case is one of three that have been ping-ponging back and forth between district and appeals courts as judges struggle with the novel legal questions raised by Mr. Trump’s decision not to divorce himself from his business empire while in office.
Although Mr. Trump promised never to mix his personal financial interests with official business, he has repeatedly touted his properties since becoming president. He suggested recently that he should host the next summit of the Group of 7 world leaders at his luxury golf resort in southern Florida, describing the property as a “great place.”
In some ways, interactions between Mr. Trump’s political role and his businesses have become routine, with foreign leaders, lobbyists, Republican candidates, members of Congress, cabinet members and others with ties to the president routinely visiting his properties. In the past week, new details have emerged of stays by United States military personnel at Mr. Trump’s golf resort in Scotland.
Two lawsuits allege President Trump has violated the Constitution’s anticorruption clauses by continuing to own a business that receives payments and other benefits from foreign and domestic governments. The appeals court judges in New York noted that a different appellate panel for Court of Appeals for the Fourth Circuit had ruled the opposite way, dismissing a similar lawsuit brought by the state of Maryland and the District of Columbia. The plaintiffs in that case are seeking to appeal that dismissal to the full appeals court, based in Virginia. Yet another case, brought by congressional Democrats, is headed to Court of Appeals for the District of Columbia Circuit.
It was not immediately clear whether the Justice Department would appeal the panel’s ruling to the full appeals court.
The Whole Story: